section 1 gives the Court judicial power and allows Congress to establish inferior courts; section 2 defines the Court's original and appellate jurisdictions

judicial review

power of federal courts to review the acts of the other branches of government and the states

The Judiciary Act of 1789

established the three-tiered structure of the federal courts: 1) district courts; 2) circuit courts, which can take appeals; and 3) the Supreme Court (originally only 6 justices)

The Marshall Court (1801-35)

established the Court as a co-equal branch (expanded the sc�s power)

claimed the right of judicial review in Marbury v. Madison (1803) decision

est. the Court's authority over state courts, including declaring state laws invalid

established the supremacy of the federal government over state governments in McCulloch v. Maryland (1819)

ended the practice of seriatim ("in a series") individual opinions; established a single "opinion of the court," so all justices spoke with one voice (not common today)

the states also have a three-tiered structure:

supreme court - highest court (may have different names in different states)

appellate courts - hear appeals from trial courts

trial courts - where cases begins (and end, if no appeal)

jurisdiction

authority a court has to hear and decide the issues in a case

original jurisdiction

determining the facts of a case; trial court�s authority

appellate jurisdiction

power to review and/or revise the decision of a lower court

criminal law

the state prosecutes criminals to protect individual safety and property: felonies, misdemeanors, offenses; usually plea bargains, so no trial

civil law

regulates business and contractual relationships: lawsuits filed by injured parties ("plaintiffs"); but usually settle out of court

The Federal Court System

Supreme Court - final judicial authority and interpreter of the Constitution; decisions are binding on all other courts

courts of appeals.- aka circuit courts; now strictly appellate courts for the district courts; 13 courts: circuits 1-11, plus "D.C. Circuit" and "Federal Circuit" courts; usually the "court of last resort;" has no original jurisdiction

district courts - at least one in each state, each staffed by a federal judge: 94 courts, has no appellate jurisdiction; each district also has a U.S. Attorney

precedent

prior judicial decision that sets a rule for settling similar cases that come later

stare decisis

reliance on past decisions or precedents in new cases; allows for continuity and predictability, but is not applied uniformly; Latin, "let the decision stand"

How Federal Court Judges are Selected

appointed by the president - usually a partisan or ideological choice

"advice and consent" - the Senate may reject or stall appointees on the same bases

Congress can impeach

"judges" characteristics - judicial, legal, or government experience; temperament; ABA rating; political connections; there are no specific requirements

senatorial courtesy - senators often choose (or veto) federal district judges (and U.S. Attorneys) for their states

originalism - uses the Framers- original intentions to interpret the Constitution

Nominations to the Supreme Court

competence - some judicial or governmental experience

ideology or policy preferences

rewards - for friends, party activists, or allies

political support - to please a special interest or demographic group; can include religion, race, or gender

Prior restraint - prohibits government from prohibiting speech; at first, was the only First Amendment protection (following the British model of the day)

Alien and Sedition Acts - 1798 Federalist laws that banned publication of any -false, scandalous writing against the government of the United States;� Anti-Federalist Jefferson pardoned those convicted, and the new Congress allowed the acts to expire